Ravi Shamrao Kulkarni v. Snehlata Babulal Jariwala

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 1st July 2024.

CALLED FOR COMPLIANCE:

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30. TP/1864/2024 [Original] (ECHCBM02221792023) Ms. Priyanka Pandya i/b Law Point, Advocate for the Petitioner. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Ravi Shamrao Kulkarni, being one of the Executors named under the Will of the deceased. Deceased Snehalata Babulal Jariwala, said to have died at Mumbai on 16.02.2017. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Ms. Pandya, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 13.10.2015. The said Will is in English language.

3. Ms. Pandya, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the deceased died as spinster. The parents of the deceased have predeceased the deceased. The deceased was the only child of her predeceased Parents. The Paternal Uncle and Aunty of the deceased Kapoorchand Jariwala and Lalitaben Kapoorchand Jariwala have died leaving behind the Cousin brother of the deceased i.e Rasiklal Kapoorchand Jariwala who died on 28th April 1996. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) wife of the Cousin brother of the deceased Sulochna Rasiklal Jariwala has died. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed.

The other Executrix, Mamta Abhay Parekh has filed her Affidavit dated 22.11.2023 relinquishing her rights as Executorship. Consent Affidavits of three nephews, wife, son and daughter of the nephew (Jairaj Jariwala) of the deceased as mentioned in para - 9 are on record. Affidavits of Jagruti Harshad Joshi and Jalpesh Shantilal Sanghvi, both the attesting witness to the Will are filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

01.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master